Aishwarya Lakshmi V.M.
Meaning of “Right to be Forgotten”
The Internet has truck-loads of information, the most intriguing fact about which is that digital footprint can seldom be deleted. Videos in revenge porn sites and information about any petty crime once uploaded into the World Wide Web becomes accessible to everyone at all time. The concerned party might have a strong need to remove such data when it is no longer relevant, important or necessary.
Every individual has a right to have his/her personal data deleted from the internet, so that third persons cannot continue to trace them. This right is called the “Right to be Forgotten”. This right is different from the Right to Privacy.
In the case of Zulfiqar Ahman Khan vs M/S Quintillion Business Media Pvt. Ltd and Ors., the Delhi High Court said that the ‘Right to be Forgotten’ and the ‘Right to be left alone’ are inherent aspects of the ‘Right to Privacy.’
Position in India:
Presently, neither the Information Technology Act, 2000 nor its rules grant such right to be Forgotten. The proposed Personal Data Protection Bill, 2019 in Section 20 grants this right, however subject to limitations. Since it has not become an Act yet, we should let time take its turns.
However, in a case before the Karnataka High Court, a marriage certificate was forged by the accused, where he claimed that a girl was married to him. The father of the girl filed a Writ stating that the Court should direct the:
● Registry to remove the name of his daughter from Order Copies,
● Search engines like Google and Yahoo to not display her name.
The father cited reasons like his daughter’s reputation and her marital ties being at stake. The Court recognized that as a matter of rule "Right to be forgotten" has to be granted in sensitive cases involving women in general and highly sensitive cases, involving rape or affecting the modesty and reputation of the person concerned.
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